Russellville Legends LLC v. United States Army Corps of Engineers

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION RUSSELLVILLE LEGENDS, LLC PLAINTIFF v. Case No. 4:19-CV-00524-BSM UNITED STATES ARMY CORPS OF ENGINEERS, et al. DEFENDANTS ORDER Defendants’ motion to dismiss Russellville’s inverse condemnation claim [Doc. No. 11] is granted, and that claim is dismissed without prejudice. Russellville’s claim for damages is also dismissed by agreement. See Doc. No. 5. To the extent that defendants move to dismiss based on sovereign immunity or subject matter jurisdiction, the motion is denied because, as defendants acknowledge, the Administrative Procedure Act, 5 U.S.C. § 702, et seqg., (APA) “expressly waives sovereign immunity as to any action for nonmonetary relief brought against the United States.” Raz v. Lee, 343 F.3d 936, 938 (8th Cir. 2003).

IT IS SO ORDERED this 25th day of September, 2020.

Bron Fy A I Qo UNITED STATES DISTRICT JUDGE